See more
Publication date: 11.04.2024
Ukrainian legislation contains relevant provisions on the collection of alimony for the maintenance of family members. Usually, the legislation provides for the child alimony collection, as well as for the benefit of one of the spouses in the event that he/she is in need. This means that if one of the spouses is left without sufficient financial resources to support themselves, they may be entitled to alimony from the other spouse.
The procedure for collection of alimony can differ depending on specific circumstances, such as the status of the spouses (whether separated or living together), the financial situation of both parties, and other factors.
Alimony in favor of the other spouse can be paid in two ways:
1) By concluding an agreement on providing maintenance to one of the spouses. A spousal maintenance agreement can be concluded between a husband and wife in order to determine the terms of financial support of one of the spouses after the divorce or in other situations when it is necessary. Such an agreement may contain conditions regarding the amount of alimony, terms of their payment, as well as other important conditions. It is important to note that the specified contract must be in writing and must also be certified by a notary public.
2) By applying to the court with a claim to collect alimony for maintenance of one of the spouses.
The main aspects of the collection of alimony and the procedure for the collection of alimony for the maintenance of the other spouse:
1) The other spouse who is unable to work (is a pensioner, has a disability) has the right to maintenance, as well as when one of the spouses remains without sufficient financial support (his income does not provide him with an appropriate standard of living). An important aspect is that the other spouse must be in such a financial position that he will be able to support his wife or husband in need;
2) After the marriage is dissolved, the right to maintenance is preserved. The husband (wife) must provide financial assistance to the ex-spouse if he or she became unable to work during the marriage, or within a year after its dissolution. If the persons have been married for at least 10 years, and after the divorce the woman has 5 years left before retirement, she is also entitled to receive financial assistance from her husband. Also, within three years after the dissolution of the marriage, the right to financial support from the ex-husband is available to a woman who was unable to work and get an education for this during the marriage, as she was engaged in family affairs. In all these cases, the right to support arises only if one of the spouses is able to do so;
3) Ukrainian family legislation provides that the wife has the right to maintenance during pregnancy and in the case of living with her child until the child reaches three years of age (in case of developmental defects in the child - up to 6 years). This right is based on the principles of social protection of the mother and child, as well as on the principles of gender equality. When a wife is pregnant, she may find increased needs for financial support, in particular for medical care, food and other expenses related to pregnancy and further upbringing of the child. In the case of living with a child, the wife may also be entitled to support from the husband. This may include covering the costs of food, clothing, housing, medical care and other needs related to the upbringing and maintenance of the child. The wife has this right regardless of her income and if the husband can provide such assistance.
If one of the spouses does not voluntarily provide assistance to the other spouse in the cases provided for by law, a claim for the recovery of alimony is submitted to the court. Usually, the decision on maintenance is based on the court's consideration of the specific circumstances of the case. When determining the right to maintenance, the court takes into account: the financial status of the parties (the court assesses the financial ability of each spouse to provide for their own maintenance and maintenance of the other spouse); the status of the parties (the presence of children, their number, age and needs may also affect the court's decision regarding maintenance); standard of living during the marriage: (the court may take into account the standard of living that was maintained during the marriage, when determining the required level of support after the breakup of the marriage); earning capacity (if one of the spouses can work and provide a sufficient level of income, this may affect the court's decision on maintenance); other circumstances (the court may also take into account other circumstances that are important for each specific case). The amount collection of alimony also depends on these circumstances.
That is why when solving the issue of alimony collection, it is worth contacting a specialist in the field of law, who will help file a claim for alimony collection in court in accordance with the law.
